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Dangerous decisions: A theoretical framework for understanding how judges assess credibility in the courtroom

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Purpose. Numerous wrongful convictions have brought into question the ability of judges and juries to accurately evaluate the credibility of witnesses, including defendants. Dangerous decisions theory (DDT) offers a theoretical framework to build our understanding of the decision-making process that can culminate in such injustices.Arguments. According to DDT, the reading of a defendant's face and emotional expressions play a major role in initiating a series of ‘dangerous’ decisions concerning his/her credibility. Specifically, potent judgments of trustworthiness occur rapidly upon seeing a defendant's face, subjectively experienced as intuition. Originally evolved to reduce the danger to the observer, the initial judgment – which may be unreliable – will be enduring and have a powerful influence on the interpretation and assimilation of incoming evidence concerning the defendant. Ensuing inferences will be irrational, but rationalized by the decision maker through his/her subjective schemas about trustworthiness and heuristics for identifying deceptive behaviour. Facilitated by a high level of motivation, a non-critical, tunnel vision assimilation of potentially disconfirming or ambiguous target information can culminate in a mistaken evaluation of guilt or innocence.Conclusions. Empirically based education and responsible expert testimony could serve to reduce such biases and improve legal decision-making.

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... Handy, 2002, p. 951) et que la crédibilité joue un rôle capital au moment de déterminer si des individus mentent ou disent la vérité (Bond et DePaulo, 2008), les juges devraient comprendre comment l'évaluation de la crédibilité des témoins est contaminée notamment par des idées reçues et, par conséquent, par des croyances sur le comportement humain non fondées sur le plan scientifique, par exemple à propos de caractéristiques des témoignages qui seraient censées autoriser un juge à conclure que les témoins mentaient ou qu'ils disaient la vérité alors qu'ils témoignaient (p. ex., Delmas et al., 2016;Denault, 2017;Denault et Jupe, 2017b;Peer et Gamliel, 2013;Porter et ten Brinke, 2009). En effet, le processus décisionnel des juges lors de procès est faillible. ...
... Par exemple, dès le début d'un procès, l'observation d'une expression faciale ou d'un geste qu'un juge estime être un signe valide de mensonge pourrait contaminer son impression initiale quant à l'honnêteté d'un témoin. Le biais de confirmation pourrait ensuite fausser l'évaluation de la crédibilité du témoin en incitant le juge à tenir compte ou à surestimer des éléments de preuve qui confirment son impression initiale et à ne pas tenir compte ou à sousestimer ceux qui l'infirment (Nickerson, 1998;Peer et Gamliel, 2013;Porter et ten Brinke, 2009). ...
... Toutefois, afin d'éviter des erreurs judiciaires, l'enjeu revient, en quelque sorte, à tenter de bonifier l'appréciation que les juges doivent faire des éléments de preuve par des notions basées sur des données probantes et à tenter d'éviter, le plus possible, de la contaminer, entre autres, par des idées reçues et, par conséquent, par des croyances sur le comportement humain non fondées sur le plan scientifique (p. ex., Delmas et al., 2016;Denault, , 2017Denault et Jupe, 2017b;Denault, Larivée, Plouffe et Plusquellec, 2015;Peer et Gamliel, 2013;Porter et ten Brinke, 2009). ...
Thesis
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Denault, V. (2020). Comment les juges détectent-ils les mensonges ? Étude des mécanismes communicationnels sous-jacents aux déclarations de culpabilité pour parjure [How do judges detect lies? A study of the communication mechanisms underlying perjury convictions] [Doctoral Thesis, Université de Montréal]. Papyrus UdeM. http://hdl.handle.net/1866/24285
... Humans make split-second decisions regarding attractiveness and trustworthiness of faces (Willis & Todorov, 2006). However, studies from researchers examining the psychology of decision-making in risky situations, in particular that of judges and jurors in court, have found that such instantaneous evaluations of facial trustworthiness tend to bias decision-making and overall perceptions of credibility (Porter & ten Brinke, 2009). In such situations, facial assessments are overvalued compared to other information (evidence) that is weighed against it. ...
... The theory has been empirically tested and supported in legal research (Baker et al., 2016, Porter et al., 2010. We contend that the underlying theory explaining this mechanism, dangerous decisions theory (Porter & ten Brinke, 2009), has value in other areas of human decision-making research and behaviour, such as that of the sharing economy. Thus, through the lens of dangerous decisions theory, we ask the research question: Are perceptions of facial trustworthiness overvalued in the evaluation of hosts on Airbnb? ...
... Our paper focuses on a relatively recent theory developed in legal research. Dangerous decisions theory (DDT) focuses on the potential bias of a decision-maker (a judge in the original research) in overvaluing certain heuristic cues, while discounting other information in making an evaluation (Porter & ten Brinke, 2009). In particular, it focuses on the heuristic appraisal of the face of a subject (a witness or defendant in the original theory) using 'instinct' to provide 'fast and frugal' information regarding credibility. ...
Article
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Renting a property via a peer-to-peer platform involves a variety of risks. Humans inherently, subconsciously use facial cues as important shortcuts in making assessments about other persons. On property sharing platforms, such as Airbnb, facial cues can be used in a similar fashion alongside reputational information. According to Dangerous Decisions Theory (DDT), intuitive evaluations of trustworthiness based on faces can bias subsequent assessment of an individual, requiring further information sources to make a more balanced assessment. In this study we apply DDT to demonstrate that evaluations based on perceived facial trustworthiness are overvalued; when combined with reputational measures, such as ‘super host’ status, such assessments are diminished. The study is based on deep learning to classify host faces for a large data set of online accommodation (n = 78,386). The research demonstrates that facial trust cues in online platforms should be treated with caution and must be combined with more objective measures of reputation in order to reduce the effects of overvaluation. The paper concludes with implications for practice and future research.
... In R. v. Marquard (1993: para 49) the court stated that 'credibility must always be the product of the judge and jury's view of the diverse ingredients it has perceived at trial, combined with experience, logic and an intuitive sense of the matter'. Relying on assessments of demeanour as evidence of credibility in a criminal trial is controversial given that humans are poor lie detectors (Blumenthal, 1993), especially when there are racial differences among decision makers and the accused and complainants (Rand, 2000;Bandes, 2009;Porter and ten Brinke, 2009). Even when other factors are taken into consideration, such as the plausibility of evidence presented by witnesses and the judge's past experiences, logic and intuition (themselves marked by emotion) can influence interpretations of credibility (Smith, 2012). ...
... If she was as concerned as she pretends about HIV […] would she have taken the risk of having unprotected sex with Mr. T.S.? (R. v. T.S., 2007, volume III: 545-6) Despite the defence's attempts to frame the complainants as attention-seeking golddiggers and vindictive liars, the judge found this implausible due to their convincing emotional testimonies. While research shows that judges consider non-verbal communication when determining credibility, it is impossible to know the degree to which demeanour factors into decision making (Porter and ten Brinke, 2009;Rossmanith, 2015). This is especially true for the current analysis, as we were not present in the courtroom nor did we interview the judge. ...
... By doing so, they create a precedent that is based on common sense understandings about the 'right' and 'wrong' kinds of emotions and behaviours that one should display on finding out that their partner failed to disclose their HIV status. The use of personal feelings, intuition, legal experience or 'gut instinct' to determine the 'truth' is common among judges (Porter and ten Brinke, 2009;Smith, 2012;Rossmanith, 2015). This is the case even though feeling and framing rules and common sense may be influenced by racial, classed, gendered and sexuality biases, personal morals (Bandes, 2016a;Powell et al, 2017) and in nondisclosure cases, HIV/AIDS. ...
Article
This paper examines how the judge, defence counsel, and Crown prosecution in R. v. T.S. mobilized feeling and framing rules to assess the credibility of the complainants and accused. T.S. is a former Canadian Football League linebacker who was convicted of aggravated sexual assault for failing to disclose that he is HIV positive to two women. Our analysis of the trial transcripts reveals how Smith’s failure to disclose his HIV positive status and his lack of an overtly emotional courtroom display led to his construction as callous towards the health of his sexual partners and subsequently to his characterization as noncredible. Alternatively, the complainants’ had to authentically re-perform their original emotional reactions to learning that T.S. was HIV positive while testifying in court in order to be deemed credible. This signals the retroactive aspect of emotions in the context of a trial. Using Ahmed’s notion of the stickiness of emotion, our second finding reveals that while the type and intensity of emotional courtroom displays structure interpretations of credibility in criminal trials, moral emotions such as indignation, fear, and disgust stick to HIV. This infers a connection between perceptions of morality and credibility where people living with HIV/AIDS who fail to disclose are assessed as always-already unremorseful and noncredible thereby showcasing the continuity of HIV stigma. We show how determinations of credibility in HIV nondisclosure cases can problematically devalue the emotions that structure disclosure decision-making in favour of prioritizing the feelings of anger, shock, fear, frustration and disgust felt by complainants.
... However, while the idea that credibility assessment should not be subjected to a fixed operation conforms with empirical research showing the multidimensional nature of credibility (Buller & Burgoon, 1996;Pornpitakpan, 2004;Rieh & Danielson, 2007), the emphasis placed on common sense and wisdom raises questions, in both bench trials and jury trials (Norris & Edwardh, 1995). While one could expect legal practitioners to be expert lie catchers, they often hold false beliefs and inappropriate stereotypes and are not better at catching lies than laypersons (Bond & DePaulo, 2008;Porter & ten Brinke, 2009;Strömwall & Granhag, 2003;Vrij, 2008). Therefore, if judges do not receive adequate training to understand human behavior and jurors do not receive sufficient instruction to mitigate false beliefs and inappropriate stereotypes, their credibility assessment of witnesses could easily be distorted, more so if they are instructed to rely on their own judgment to determine whether or not 9 someone is trustworthy. ...
... Unfortunately, despite the complexity of the credibility assessment of witnesses made by judges or jurors, courts from Canada and the US typically prohibit expert testimony on that issue because the expert would usurp the function of the trier of fact (Friedland, 1989;Norris & Edwardh, 1995;Porter & ten Brinke, 2009). This position is in keeping with the US Supreme Court according to which jurors "are presumed to be fitted for it by their natural intelligence and their practical knowledge of men and the ways of men" (Aetna Life Ins. ...
... Co. v. Ward, 1891, p. 88;United States v. Scheffer, 1998, p. 313). However, while the credibility assessment of witnesses in such a way has been met with severe criticism Morrison & Comeau, 2002;Porter & ten Brinke, 2009;Porter, ten Brinke, & Gustaw, 2010;ten Brinke & Porter, 2013), how these principles are, in practice, implemented by judges or jurors is not without shortcomings either. In fact, the assumption that credibility assessment "is a matter within the competence of lay people" (R. v. Marquard, 1993, p. 248), and that judges and jurors, equipped with their life experience, have all the tools they need to adequately assess the credibility of witnesses should be cause for alarm. ...
Chapter
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Denault, V., & Dunbar, N. (2019). Credibility assessment and deception detection in courtrooms: Hazards and challenges for scholars and legal practitioners. In T. Docan-Morgan (Ed.), The Palgrave handbook of deceptive communication (pp. 915-936). Basingstoke, United Kingdom: Palgrave Macmillan.
... Previous legal psychological research has focused on similar issues in a criminal context. As such, much knowledge is available on effective interviewing techniques for witnesses, victims and suspects (e.g., Fisher, 1995;Milne & Bull, 1999; and on methods for evaluating witness', victims', and suspects' statements (e.g., C. F. Bond & DePaulo, 2006;Meissner & Kassin, 2002;Penrod & Cutler, 1995;Porter & ten Brinke, 2009;Vrij, Granhag, Mann, & Leal, 2011;Vrij, Mann, Jundi, Hillman, & Hope, 2014). However, legal psychological research has largely neglected asylum seekers and few studies consider the specific factors involved in interviewing and decision-making in asylum cases (for exceptions cf. ...
... Much research has been conducted in the 1 area of credibility assessments, especially when lie detection research is considered. The terms credibility assessments and lie detection are used interchangeably when referring to the process of finding out whether statements of suspects correspond to the true unfolding of events (see eg., Porter & ten Brinke, 2009;. ...
... In the legal context, heuristics can prevent deeper and controlled processing of information and may as a result feed erroneous decisions (L. H. Colwell, 2005;Porter & ten Brinke, 2009;Porter, ten Brinke, & Gustaw, 2010). ...
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In the EU assessment for asylum, documental evidence is often lacking. As such, the assessment is substantially reliant on the asylum official’s judgment about the credibility of the asylum seeker’s statements elicited in asylum interviews. The question of concern in this thesis therefore is to what extent the methods used to assess credibility in the European asylum procedure are valid, in the sense that they can discriminate between truthful and fabricated asylum claims. Based on four studies in which current policy and practice are evaluated, the current thesis calls the validity of the asylum assessment system into question. The questions typically asked in asylum interviews do not seem to facilitate honest applicants to provide a credible statement or effectively hinder liars to appear credible. A set of direct and fact-checking questions about the claimed country, area and town of origin, is insufficient to effectively distinguish between truthful and fabricated origin claims. Nonetheless, with more effective questioning strategies that promote elaborate and accurate answering and with a deliberate and open-minded evaluation of asylum seekers’ statements, the validity of credibility assessment can be increased. The studies presented in this thesis are the first to systematically examine the validity of interviewing techniques employed in the asylum procedure. The findings reveal opportunities for increasing the amount of accurate and diagnostic information elicited in asylum interviews.
... En effet, en plus de croire erronément que différents comportements non verbaux (p. ex., le détournement du regard) sont des signes de mensonge (Stömwall et Granhag 2003;Porter et Ten Brinke 2009), les professionnels de la justice sont exposés à des notions pseudo-scientifiques, c' est-à-dire des notions qui, en apparence, semblent scientifiques, mais qui, en réalité, ne le sont pas. Par exemple, des policiers, des avocats et des décideurs québécois ont reçu des présentations et des formations offertes par des promoteurs de la synergologie, une pseudoscience qui propose de décoder le « langage » non verbal à l'aide de concepts n'ayant fait l' objet d'aucune publication scientifique (Lardellier 2008;Denault, Larivée, et al. 2015). ...
... En effet, selon la Dangerous Decision Theory (Porter et Ten Brinke 2009), l'impression initiale du juge des faits sur l'honnêteté d'un témoin survient rapidement lorsque le juge des faits voit le témoin pour la première fois. Malgré une absence totale de mauvaise foi, différents biais cognitifs (p. ...
... Impossible de le savoir. Cependant, la popularité de fausses croyances sur la détection du mensonge(Stömwall et Granhag 2003;Porter et Ten Brinke 2009) et de pseudosciences telles que la synergologie(Lardellier 2008;Denault, Larivée, et al. 2015) soulève plus de questions qu' elle n' offre de réponses. ...
Article
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Denault, V. (2017). Le « langage » non verbal des témoins, quand les pseudosciences s’invitent au tribunal [The “body language” of witnesses, when pseudosciences are invited in the courtroom]. ScriptUM: La revue du Colloque VocUM 2015, 2, 96-118.
... Jury members may be the most influential evaluators of a suspect's alibi in court. The task of the jury is challenging, requiring citizens to reach a verdict by assessing the credibility of the suspect and decide whether s/he is innocent or guilty of a crime despite lacking legal training (Bornstein and Greene, 2011;Greene and Bornstein, 2000;Porter and ten Brinke, 2009). When suspects confess to a crime and this confession is then presented at trial, an effort is often made by defence attorneys and expert witnesses to explain the conditions that may have led to the confession in order to ensure that jurors can better decide whether or not the confession is reliable (Shaked-Schroer et al., 2015). ...
... In the first part of the questionnaire we examined participants' knowledge and beliefs about alibi provision by truthful versus lying suspects in general, and about the provision of incorrect alibis by truthful suspects in particular. Examining participants' knowledge about the differences in the provision of alibis between truthful and lying suspects was necessary because credibility judgments are partly influenced by evaluators' perceptions and beliefs about honest and deceptive verbal (and nonverbal) behaviour of suspects during interviews (Porter and ten Brinke, 2009). To this end, participants were first asked to indicate their belief about the extent to which six types of details are provided in alibis of truthful versus lying suspects. ...
Article
During police interviews, innocent suspects may provide unconvincing alibis due to impaired memory processes or guilt-presumptive behaviour on behalf of the interviewer. Consequently, innocent suspects may be prosecuted and tried in court, where lay people who serve jury duty will assess their alibi’s credibility. To examine lay people’s beliefs and knowledge regarding suspect alibis, and specifically about such factors that may hamper innocent suspects’ ability to provide convincing alibis, we administered an eight-question questionnaire across the United Kingdom ( n = 96), Israel ( n = 124), and Sweden ( n = 123). Participants did not tend to believe that innocent suspects’ alibis might inadvertently include incorrect details, but acknowledged that impaired memory processes may cause this. Additionally, most participants believed that a presumption of guilt can affect how interviewers interview suspects. The findings suggest that lay people who may serve jury duty hold some mistaken beliefs regarding alibi provision by suspects.
... In the exchange above, the dominant factor is an expectancy effect that originates in the person answering the questions. Given the prevalence of expectancy effects within most human interactions, this topic has started to receive more attention in forensic contexts such as criminal investigations , decision-making in judicial professionals (Porter & Ten Brinke, 2009), and accusatory investigative interviews . Within the framework of the investigative interview, expectancy effects are often studied as a by-product of confirmation bias held by police officers or other judicial players Powell, Hughes-Scholes, & Sharman, 2012;. ...
... Researchers have previously found evidence for the effects of confirmation bias in criminal justice contexts on the evaluation of evidence , during suspect interviews , within witness and victim interviews (DePoot & Semin, 1997b;, and when performing veracity assessments . The effects of confirmation bias have also been found to negatively influence jury decisions (Hope, Memon & McGeorge, 2004), and judicial decisions (Porter & Ten Brinke, 2009). Those studies have provided valuable insight to some of the possible outcomes associated with confirmatory thinking. ...
Thesis
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Research has demonstrated that interviewer beliefs about a suspect’s guilt can initiate a cycle of confirmation bias. This occurs when the behaviour and responses of the suspect are interpreted by the interviewer as endorsing their beliefs about suspect guilt. Research has also shown that accusatory questions during an investigative interview are indicative of these biased beliefs. Despite these findings, researchers and practitioners rarely evaluate investigative interviews for evidence of guilt-presumptive language. Moreover, when interviews are evaluated, it is mainly on question type, which does not highlight guilt-presumptive language -particularly insinuation and implicit suggestion. Whilst traditional interview analysis techniques can be valuable for evaluating interviewer performance, they do not tell the whole story. Understanding the detrimental effects of guilt-presumptive language on the investigative interview is valuable for interviewer improvement and development. It is also an effective tool for expert witnesses to make fully informed decisions on the ethical and professional conduct of the interviewer and the validity of confession evidence.
... 7 Furthermore, professionals within the justice system are limited in their understanding of lie detection research (Strömwall & Granhag, 2003), psychological science (Kovera & McAuliff, 2000) and science in general (Kozinski, 2015;Chin & Dallen, 2016). Since false beliefs and pseudoscience regarding nonverbal communication and deception detection can have a detrimental effect on the decision making processes (Porter & ten Brinke, 2009;Denault, 2015), analysis published online by 'synergologists' should be taken seriously enough to undergo evaluations by research scientists, all the more considering a single pseudoscientific claim can influence important court decisions (Ellman & Ellman, 2015;Hamilton, 2017). ...
... (R. v. Martin, 2017, p. 27, our translation) However, although the previous example explicitly states the impact of gaze aversion, judges do not have a legal obligation to describe all the elements that influenced their judgment: "the degree of detail required in explaining findings on credibility may also, as discussed above, vary with the evidentiary record and the dynamic of the trial" (R. v. R.E.M., 2008, p. 12.). Moreover, the impact of false beliefs and pseudoscience regarding nonverbal communication can be unconscious (Porter & ten Brinke, 2009), thus making it impossible for judges to detail them, and making it very difficult to fully know the extent of their detrimental influence in natural settings. ...
Article
Full-text available
Denault, V., & Jupe, L. (2017). Justice at risk! An evaluation of a pseudoscientific analysis of a witness’ nonverbal behavior in the courtroom. Journal of Forensic Psychiatry & Psychology, 29(2), 221-242. doi: 10.1080/14789949.2017.1358758
... In essence as perceived victim intoxication increases, both their perceived credibility and blame for the perpetrator decreases, while victimblame increases (Schuller and Stewert, 2000). There appears to be a disparity between the credibility of an intoxicated witness, and their reliability as a source of information (Porter and Brinke, 2009). While a witness can be deemed credible despite their testimony being unreliable, in the case of intoxicated witnesses it appears the reverse may be true-despite often being reliable, they are perceived as not being credible among judges, jurors, and justice system professionals. ...
Article
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Memory conformity may occur when a person’s belief in another’s memory report outweighs their belief in their own. Witnesses might be less likely to believe and therefore take on false information from intoxicated co-witnesses, due to the common belief that alcohol impairs memory performance. This paper presents an online study in which participants (n = 281) watched a video of a mock crime taking place outside a pub that included a witness either visibly consuming wine or a soft drink. Participants then read a statement from the witness that varied in the number of false details it contained before being asked to recall the crime. We found that the intoxicated witness was regarded as significantly less credible, but participants were not less likely to report misinformation from them. This suggests that intoxication status impacts one’s perception of how credible a source is, but not one’s ability to reject false suggestions from this source. Our findings reinforce the importance of minimizing co-witness discussion prior to interview, and not to assume that people automatically (correctly or not) discount information provided by intoxicated co-witnesses.
... Perceived credibility is the strongest factor impacting veracity decisions (George et al., 2014). Thus, if a sender appears less credible due to the presence of an added cue to criminality, they are more likely to be rated as dishonest regardless of their veracity (Burgoon et al., 2008;Levine et al., 2011;Porter & ten Brinke, 2009). Thus, we hypothesised that the presence of handcuffs will bias judgements of suspects, leading to a stronger tendency to assume handcuffed suspects are more dishonest than non-handcuffed suspects (i.e., a reduction or reversal of the truth-bias; H 1 ). ...
Article
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Veracity judgements are important in legal and investigative contexts. However, people are poor judges of deception, often relying on incorrect behavioural cues when these may reflect the situation more than the sender's internal state. We investigated one such situational factor relevant to forensic contexts: handcuffing suspects. Judges—police officers (n = 23) and laypersons (n = 83)—assessed recordings of suspects, providing truthful and deceptive responses in an interrogation setting where half were handcuffed. Handcuffing was predicted to undermine efforts to judge veracity by constraining suspects' gesticulation and by priming stereotypes of criminality. It was found that both laypersons and police officers were worse at detecting deception when judging handcuffed suspects compared to non‐handcuffed suspects, while not affecting their judgement bias; police officers were also overconfident in their judgements. The findings suggest that handcuffing can negatively impact veracity judgements, highlighting the need for research on situational factors to better inform forensic practice.
... Unfortunately, blunted affect and apathy are prevalent among individuals with schizophrenia (American Psychiatric Association, 2013;Winograd-Gurvich et al., 2006), depression (Gehricke & Shapiro, 2000;Guessoum et al., 2020), and even Parkinson's disease (Bowers et al., 2006;Sotgiu & Rusconi, 2013), and can also be a side effect of psychotropic medications (Szmulewicz et al., 2016). The misinterpretation of these behaviours as signs of deception has the potential to cause detrimental consequences in situations such as a police interview or court trial (see Denault & Jupe, 2018;Porter & ten Brinke, 2009;Vrij & Turgeon, 2018). Despite the lack of supporting empirical evidence, the stereotype that liars display distinctive behavioural cues is widely held, even by presumed "lie-experts" such as police officers, customs officers, prosecutors, and judges (Bogaard & Meijer, 2018;Bogaard et al., 2016;Delmas et al., 2019;Strömwall & Granhag, 2003;Vrij et al., 2006). ...
Article
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Objective Unusual behaviours are commonly perceived to indicate deception and low credibility. However, they may also characterise individuals with certain mental health or developmental conditions, thus making those individuals vulnerable to negative judgements. We examined the effect of four behaviours – gaze aversion, body movements, monologuing, and flat affect – on judgements of deception and credibility. Method In an online experiment, we presented participants (N = 392) with videos of actors being interviewed about their involvement in stealing money. In each video, the actor was either instructed to display one of the four behaviours or was not instructed to display any particular behaviour (control condition). Participants were then asked to provide ratings of perceived deception and credibility. Results There were significant effects of body movements and monologuing on perceived deception, and significant effects of monologuing and flat affect on the specific credibility dimension of perceived caring. Gaze aversion did not have a statistically significant effect on perceived deception or credibility. Conclusion Body movements, monologuing, and flat affect negatively affected deception and credibility judgements. Populations who commonly display these behaviours, such as individuals with certain mental health or developmental conditions, may be vulnerable to unfair evaluations in the criminal justice system. KEY POINTS What is already known about this topic: • Based on self-report measures, unusual behaviours are widely believed to be indicators of deception and low credibility. • There is no empirical evidence that behavioural cues are reliable indicators of deception or credibility. • Gaze aversion, repetitive body movements, monologuing, and flat affect are common among individuals with certain disabilities and mental health conditions. What this paper adds: • This study provides experimental support for the effect of repetitive body movements, monologuing, and flat affect on judgements of deception and credibility. • Individuals who present with repetitive body movements, monologuing, or flat affect due to a disability or mental health condition may be subject to unjust evaluations of deception and credibility. • There is an important need for further research on how individuals with disabilities and mental health conditions are perceived in the criminal justice system.
... Lastly, a limitation of XAI in improving the prospective prediction problem is that developers maximize predictive accuracy of ML models, but do little to address the myriad of other human factors that play a role in how humans prognose and make decisions. The role of intuition in expert decision-making has received much focus in the cognitive and neurosciences for many decades, especially in tasks such as discovery and exploration (Moxley et al. 2012;Porter and Ten Brinke 2009;Salas et al. 2010;Palmeri and Gauthier 2004;Adam and Dempsey 2020). Earlier generations of artificial decision aids that attempted to mimic human decision-making ran into trouble because they could not account for information originating from outside of their knowledge base. ...
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Machine learning (ML) has recently been demonstrated to rival expert-level human accuracy in prediction and detection tasks in a variety of domains, including medicine. Despite these impressive findings, however, a key barrier to the full realization of ML’s potential in medical prognoses is technology acceptance. Recent efforts to produce explainable AI (XAI) have made progress in improving the interpretability of some ML models, but these efforts suffer from limitations intrinsic to their design: they work best at identifying why a system fails, but do poorly at explaining when and why a model’s prediction is correct. We posit that the acceptability of ML predictions in expert domains is limited by two key factors: the machine’s horizon of prediction that extends beyond human capability, and the inability for machine predictions to incorporate human intuition into their models. We propose the use of a novel ML architecture, Neural Ordinary Differential Equations (NODEs) to enhance human understanding and encourage acceptability. Our approach prioritizes human cognitive intuition at the center of the algorithm design, and offers a distribution of predictions rather than single outputs. We explain how this approach may significantly improve human-machine collaboration in prediction tasks in expert domains such as medical prognoses. We propose a model and demonstrate, by expanding a concrete example from the literature, how our model advances the vision of future hybrid human-AI systems.
... We argue that this is because, first, anger can make people come across as untrustworthy (Dunn & Schweitzer, 2005). Second, perceivers use untrustworthiness in guilt judgments (Porter & ten Brinke, 2009). As a result, we propose that when perceivers are alerted to a suspect's anger, perceivers are apt to find the suspect untrustworthy, prompting a judgment of guilt. ...
Article
False accusations of wrongdoing are common and can have grave consequences. In six studies, we document a worrisome paradox in perceivers’ subjective judgments of a suspect’s guilt. Specifically, we found that people (including online panelists, n = 4,983, and working professionals such as fraud investigators and auditors, n = 136) use suspects’ angry responses to accusations as cues of guilt. However, we found that such anger is an invalid cue of guilt and is instead a valid cue of innocence; accused individuals (university students, n = 230) and online panelists ( n = 401) were angrier when they are falsely relative to accurately accused. Moreover, we found that individuals who remain silent are perceived to be at least as guilty as those who angrily deny an accusation.
... Given that many forms of social interaction involve some degree of impression formation, misinterpretation of autistic behaviors has the potential to cause detrimental consequences for people on the autism spectrum (see Denault & Jupe, 2018;Porter & ten Brinke, 2009;Vrij & Turgeon, 2018), particularly in situations such as interactions with the criminal justice system. It is, therefore, important to understand the influence of autistic behaviors on the formation of deception and credibility judgments. ...
Article
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We hypothesized that autistic adults may be erroneously judged as deceptive or lacking credibility due to demonstrating unexpected and atypical behaviors. Thirty autistic and 29 neurotypical individuals participated in video-recorded interviews, and we measured their demonstration of gaze aversion, repetitive body movements, literal interpretation of figurative language, poor reciprocity, and flat affect. Participants ( N = 1410) viewed one of these videos and rated their perception of the individual’s truthfulness or credibility. The hypothesis was partially supported, with autistic individuals perceived as more deceptive and less credible than neurotypical individuals when telling the truth. However, this relationship was not influenced by the presence of any of the target behaviors, but instead, by the individual’s overall presentation.
... Ao nível dos vereditos em tribunal, de acordo com a DDT (Dangerous Decisions Theory) (Porter & ten Brinke, 2009), os julgamentos instantâneos da credibilidade, baseados na aparência da face, podem ter um papel fundamental na avaliação da credibilidade e no processo de decisão relativamente ao arguido (Porter et al. 2010), nomeadamente a sua inocência ou culpabilidade (Kahneman & Tversky, 1982). Um estudo conduzido por Porter et.al. ...
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Reconhecer emoções é um recurso crucial no contexto jurídico. Cada vez mais se ouve falar da importância desta área do conhecimento, mas será que conseguimos distinguir as suas oportunidades reais, baseadas na ciência, daquilo que por vezes vimos em determinadas séries televisivas e publicações de entretenimento? A título de exemplo, refira-se a ideia errónea, amplamente disseminada, de que 93% do processo de comunicação é não-verbal, nos pode conduzir a dar uma ênfase excessiva a esta em detrimento da comunicação verbal (Lapakko, 1997, 2007). No decorrer de um julgamento, o foco excessivo no comportamento das testemunhas, arguidos, etc., em sacrifício da linguagem verbal, é naturalmente inadequado. A regra dos 7%, 38%, 55%, para as palavras, voz e comportamento não-verbal, respetivamente, pode fazer algum sentido, mas apenas e quando as pessoas estão a falar acerca de emoções e quando não existe congruência entre o que é dito e aquilo que o corpo manifesta (Mehrabian & Wiener, 1967; Mehrabian & Ferris, 1967). Outro dos mitos que existe em matéria de reconhecimento emocional é o de que desviar o olhar é um sinal de mentira. Não existe evidência científica que suporte tal correlação. Trata-se de um mito. Dos 24 estudos científicos revistos, apenas um não rejeitava esta hipótese (Bond, Omar, Mahmoud, & Bonser, 1990). Na sequência, parece relevante para os autores partilharem as vantagens e as limitações do reconhecimento emocional em ambiente jurídico, com base naquilo que a ciência tem vindo a descobrir nesta área do conhecimento, dado que os mitos nesta área podem trazer consequências graves para o apuramento da verdade (Navarro, 2010). O desenvolvimento da descodificação emocional, através da face, do corpo e da voz, pode ajudar advogados e decisores a compreenderem melhor aquilo que as pessoas sentem, para além daquilo que dizem, como é o caso dos arguidos, das testemunhas, etc. Por outro lado, estarmos mais conscientes da nossa comunicação não-verbal, e como esta pode estar a ser percecionada pelos outros, também se assume como uma vantagem fundamental na barra do tribunal. A comunicação não-verbal representa uma parte relevante do processo de comunicação e a face, em concreto, é um meio através do qual as pessoas procuram naturalmente colher informação acerca do estado emocional do outro. No entanto, nem sempre é fácil compreender a realidade emocional do outro através da face. A título de exemplo, o reconhecimento das Microexpressões Faciais (ex., Ekman, Hager, & Friesen, 1981; Frank & Ekman, 1993, 1997; Porter & ten Brinke, 2008) pode ser extremamente relevante para advogados, juízes, procuradores e jurados, dado que estas se constituem como sinais prováveis de emoções que o outro está a tentar conter ou mascarar (ex., Porter & ten Brinke, 2008). No entanto, por estas ocorrerem muito rapidamente, nem sempre é fácil observá-las e formação adequada é necessária nesta área do conhecimento. Porém, não só a face é relevante para melhor se compreender o comportamento humano no ambiente jurídico. Os gestos, a forma como a pessoa se movimenta, o vestuário, etc., são ingredientes fundamentais para mais eficazmente aferirmos aquilo que o outro sente em cada momento. Os principais objetivos deste capítulo são: a) em que medida os julgamentos rápidos influenciam as decisões de âmbito jurídico; b) o comportamento não-verbal e o reconhecimento emocional; c) o papel da inteligência artificial (IA) no reconhecimento facial e emocional; d) a avaliação da credibilidade.
... Lastly, a limitation of XAI in improving the prospective prediction problem is that developers maximize predictive accuracy of ML models, but do little to address the myriad of other human factors that play a role in how humans prognose and make decisions. The role of intuition in expert decision making has received much focus in the cognitive and neurosciences for many decades, especially in tasks such as discovery and exploration [11,12,13,14,15]. Earlier generations of artificial decision aids that attempted to mimic human decision making ran into trouble because they could not account for information originating from outside of their knowledge base. ...
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Machine Learning (ML) has recently been demonstrated to rival expert-level human accuracy in prediction and detection tasks in a variety of domains, including medicine. Despite these impressive findings, however, a key barrier to the full realization of ML's potential in medical prognoses is technology acceptance. Recent efforts to produce explainable AI (XAI) have made progress in improving the interpretability of some ML models, but these efforts suffer from limitations intrinsic to their design: they work best at identifying why a system fails, but do poorly at explaining when and why a model's prediction is correct. We posit that the acceptability of ML predictions in expert domains is limited by two key factors: the machine's horizon of prediction that extends beyond human capability, and the inability for machine predictions to incorporate human intuition into their models. We propose the use of a novel ML architecture, Neural Ordinary Differential Equations (NODEs) to enhance human understanding and encourage acceptability. Our approach prioritizes human cognitive intuition at the center of the algorithm design, and offers a distribution of predictions rather than single outputs. We explain how this approach may significantly improve human-machine collaboration in prediction tasks in expert domains such as medical prognoses. We propose a model and demonstrate, by expanding a concrete example from the literature, how our model advances the vision of future hybrid Human-AI systems.
... Autrement dit, le fait de juger quotidiennement de la véracité ou de la fausseté de témoignages n'est pas un facteur qui, à lui seul, améliore l'habileté à détecter les menteurs (Masip, 2014). Par ailleurs, bien que le contre-interrogatoire ait été décrit comme « le plus grand outil juridique jamais inventé pour la découverte de la vérité » (Wigmore, 1974, p. 32, notre traduction), la recherche scientifique suggère qu'il peut nuire à la recherche de la vérité dans certains contextes (Henderson, 2015;Valentine et Maras, 2011;Zajac et Hayne, 2009;Zajac, Irvine, B., Ingram et Jack, 2016;Zajac, Westera et Kaladelfos, 2018 (Nickerson, 1998;Porter et ten Brinke, 2009 Un tel constat permet de comprendre l'importance pour les professionnels de la justice et les chercheurs en droit d'accorder davantage d'attention à la préparation des témoins. ...
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Denault, V. (2020). Préparation des témoins: Enjeux théoriques, pratiques et éthiques [Witness preparation: Theoretical, practical and ethical issues]. In K. Poitras & P.-C. Gagnon (Eds.), Psychologie et droit (pp. 79-95). Cowansville: Yvon Blais.
... używając tych samych pytań i ocenianych komunikatów) porównywałam działanie kilku pytań pośrednich stosowanych wewnątrzgrupowo lub międzygrupowo, wykazując, że czynnik ten nie ma wpływu na skuteczność metody pośredniej (Ulatowska, 2014). Jest to zgodne z sugestią, że poprawna ocena wiarygodności nie może być oparta na intuicji czy "zdrowym rozsądku", ale raczej na świadomej analizie w oparciu o dostępne wskazówki (Porter, ten Brinke, 2009). ...
... Požadavku kvalitního a důkladného prověřování všech informací totiž nemusí být vždy možné vyhovět. V některých situacích, kdy je hmotných důkazů či informací ze svědeckých výpovědí málo, či jsou rozporuplné a nejednoznačné, může růst význam intuitivního hodnocení obviněného, svědka (Porter & ten Brinke, 2009). ...
Article
Lie detection based on nonverbal behavior is not a standard method, it is an intuitive process, applied by lay persons, but also professionals. Some of the major sources (e.g. widespread Interrogation Manual by F. Inbau et al., 2004) offer clear recommendations about the nonverbal behavior of liars to investigators of serious crime. These findings are not supported by the research, moreover they can lead to lowering the ability to detect lie (Blair, Kooi 2004). Another topic is mapping the skills of professionals (police officers, members of the secret services) and non-specialists to detect lies by nonverbal signs. Across the studies (with few exceptions) a low performance in the task of detecting lies
... Psychologická podpora vyšetřování trestných činů může přinést výsledky v případech, kdy vyšetřovatelé potřebují rozlišit pravdivé a lživé výpovědi podezřelých nebo svědků. V případech, kdy není dostatek důkazů nebo věrohodných svědků, mohou mít vyšetřovatelé výraznější tendenci spoléhat se na intuici (Porter, ten Brinke, 2009). Chybná představa o pravdivosti výpovědi může snadno navést vyšetřování nesprávným směrem. ...
Article
The study looks at the ability to detect nonverbal deception among police officers and economics and management students in the Czech Republic. Respondents from police departments (n=197) and university students of human resources (n=161) completed a deception detection task and evaluated veracity of the statements of suspects in 21 videos from real crime investigations. Their evaluations were based on nonverbal behavior. Voices in the video clips were modified so that words were not recognizable, yet paraverbal voice characteristics were preserved. Results suggest respondents have a tendency to so-called lie bias, i.e. a tendency to evaluate the statements preferably as deceptive. In the evaluation of video clips, stereotypes also played a significant role. The statements of suspects of a different ethnicity, younger age or specific visual features were considered deceitful more often. Research might be beneficial for training professionals, who use techniques of deception detection in crime investigation, for identification of deception during job interviews or in other fields.
... This is not to be taken lightly. Facial characteristics can adversely influence the evaluation of evidence and the sentence of defendants, even when they are subject to the death penalty (Porter and ten Brinke 2009;Porter et al. 2010;Rule 2015, 2016). ...
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On 11 March 2020, the World Health Organization officially declared COVID-19 a pandemic. The new physical distancing rules have had many consequences, some of which are felt throughout the justice system. Courts across the world limited their operations. Nonetheless, given that justice delayed is justice denied, many jurisdictions have turned to technologies for urgent matters. This paper offers an evidence-based comment and caution for lawyers and judges who could be inclined, for concerns such as cost and time saving, to permanently step aside from in-person trials. Using nonverbal communication research, in conjunction with American and Canadian legal principles, we argue that such a decision could harm the integrity of the justice system.
... En effet, comme pour la technique Reid, une formation à la synergologie pourrait augmenter la confiance des juges en leur capacité à détecter les mensonges, alors que dans les faits, l'exactitude de leurs jugements pourrait diminuer. Le biais de confirmation, quant à lui, pourrait amener des juges à poser des questions afin de vérifier une hypothèse erronée, à donner plus de poids aux réponses qui la corroborent et moins de poids aux réponses qui la contredisent (Porter & ten Brinke, 2009). De plus, toujours en réponse aux critiques, d'autres partisans de la synergologie ont soutenu que le système actuel de révision par les pairs « offre une illusion de contrôle de la qualité des publications qui rassure les moins bien informés et qui rehausse l'image des chercheurs aux yeux des crédules » (Loranger & Loranger, 2019, p. 79) et suggéré que leur approche est critiquée parce qu'elle est innovante (Denault, 2018 ;Jupe & Denault, 2018). ...
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Denault, V., Plusquellec, P., Jupe, L. M., St-Yves, M., Dunbar, N. E., Hartwig, M., … van Koppen, P. J. (2020). L’analyse de la communication non verbale: Les dangers de la pseudoscience en contextes de sécurité et de justice [The analysis of nonverbal communication: The dangers of pseudoscience in security and justice contexts]. Revue internationale de criminologie et de police technique et scientifique, 73, 15-44.
... Sachant que l' évaluation de la crédibilité est affectée par de nombreuses croyances erronées et par des biais cognitifs (Porter et Ten Brinke 2009), et à la lumière du présent article et d'autres (Denault 2017, Strömwall et Granhag 2003, l'importance des connaissances scientifiques sur l' évaluation de la crédibilité pour les professionnels de la justice, incluant les décideurs de tribunaux disciplinaires québécois, nous apparait indéniable. Par exemple, des notions de base en psychologie et en communication devraient, à tout le moins, être intégrées à la formation des juristes québécois afin de tenter d' éviter que des impressions injustifiées déterminent l'issue de procès. ...
Article
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Denault, V., Rioux-Turcotte, J., & Tomas, F. (2019). La spontanéité du discours, un facteur déterminant la crédibilité des témoins [The spontaneity of discourse, a determining factor of the witnesses credibility]. ScriptUM: La revue du Colloque VocUM 2016, 3, 85-110.
... Testimonies can be diverse and can appear irreconcilable, but witnesses can still tell the truth, tell their sides of the story from their own perspectives, informed by their own premises (Scheppele, 1989). To think otherwise could foster a confirmation bias and adversely influence the trial's outcome, more so if jurors ignore the fact that credibility is not a synonym of veracity Porter and ten Brinke, 2009). High-credibility witnesses can lie and low-credibility witnesses can tell the truth (Bond and DePaulo, 2008). ...
Article
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Denault, V., Dunbar, N., & Plusquellec, P. (2019). The detection of deception during trials: Ignoring the nonverbal communication of witnesses is not the solution - A response to Vrij and Turgeon (2018). The International Journal of Evidence and Proof, 24(1), 3-11. doi: 10.1177/1365712719851133
... Furthermore, forming an initial presumption of guilt based upon questionable information, or upon pseudoscience, may mean that those involved in the investigative process fail to initiate dialogue with suspects which would enable the eliciting of verifiable (Nahari, 2018) and reliable forms of information (Vrij & Granhag, 2012). During trial, a confirmation bias can lead to erroneous credibility assessments (Porter & ten Brinke, 2009;Porter, ten Brinke, & Gustaw, 2010). Considering that '[c]redibility is an issue that pervades most trials, and at its broadest may amount to a decision on guilt or innocence' (R. v. Handy, 2002, p. 951), the implementation of ambiguous approaches, or even pseudoscience, is of serious concern. ...
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Jupe, L., & Denault, V. (2019). Science or pseudoscience? A distinction that matters for police officers, lawyers and judges. Psychiatry, Psychology, and Law, 26(5), 753-765. doi: 10.1080/13218719.2019.1618755
... High confidence in one's ability to catch liars can result in tunnel vision and biased decision making (Porter, Juodis, ten Brinke, Klein, & Wilson, 2010) or may reduce investigator efforts to search for corroborating physical evidence (Colwell, Miller, Lyons, & Miller, 2006). Ultimately, investigator overconfidence may contribute to miscarriages of justice, including the wrongful conviction of innocent individuals or the release of a guilty and dangerous perpetrator into society (Porter & ten Brinke, 2009). ...
... Indeed, as with the Reid technique, training in synergology could increase the confidence of judges in their ability to detect lies, while in fact, the accuracy of their judgments could decrease. Confirmation bias, in contrast, could lead judges to ask questions to verify an erroneous hypothesis, to give more weight to the answers that corroborate it and less weight to the answers that contradict it (Porter & ten Brinke, 2009). In addition, also in response to criticism, other proponents of synergology argued that the current peer review system "offers an illusion of quality control of publications that reassures the less well-informed and enhances the image of researchers in the eyes of gullible people" (Loranger & Loranger, 2019, p. 79, our translation) and suggested that their approach is criticized because it is innovative (Denault, 2018;Jupe & Denault, 2018). ...
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Denault, V., Plusquellec, P., Jupe, L. M., St-Yves, M., Dunbar, N. E., Hartwig, M., … van Koppen, P. J. (2020). The analysis of nonverbal communication: The dangers of pseudoscience in security and justice contexts. Anuario de Psicología Jurídica, 30, 1-12. doi: 10.5093/apj2019a9
... In the exchange above, the dominant factor is an expectancy effect that originates in the person answering the questions. Given the prevalence of expectancy effects within most human interactions, this topic has started to receive more attention in forensic contexts such as criminal investigations (Hill, Memon, & McGeorge, 2008), decision-making in judicial professionals (Porter & Ten Brinke, 2009) and accusatory investigative interviews (Kassin, 2005;Kassin, Goldstein, & Savitsky, 2003). ...
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Expectancy effects are known to influence behaviour so that what is expected appears to be true. In this study, expectancy was induced using (fabricated) information about honesty and specific group membership. Targets were tested in a non-accusatory interview environment using neutral and information-gathering questions. It was hypothesized that those exposed to the negative information (the expectancy) would demonstrate behaviour consistent with an increased cognitive load, and evidence was found to support this prediction. Due to the investigative nature of the information-gathering questions, it was also expected that the targets exposed to the expectancy would exhibit more of these behaviours in the investigative portion of the interview. Some behaviour was found to support this prediction (i.e. shorter responses and increased speech disturbances); however, indicators of performance altering load were not observed during this phase of the interview. These findings support the hypothesis that expectancy effects can noticeably alter interviewee behaviour.
... In the exchange above, the dominant factor is an expectancy effect that originates in the person answering the questions. Given the prevalence of expectancy effects within most human interactions, this topic has started to receive more attention within forensic contexts such as, criminal investigations (Hill, Memon, & McGeorge, 2008), decision-making in judicial professionals (Porter & Ten Brinke, 2009), and accusatory investigative interviews (Kassin, 2005;Kassin, Goldstein, & Savitsky, 2003). Within the framework of the investigative interview, expectancy effects are often studied as a by-product of confirmation bias held by police officers or other judicial players (Narchet, Meissner, & Russano, 2011;Powell, HughesScholes, & Sharman, 2012;Rassin, Eerland, & Kuijpers, 2010). ...
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Expectancy effects are known to influence behaviour so that what is expected appears to be true. In the present study, expectancy was induced using (fabricated) information about honesty and specific group membership. We tested Targets in a non-accusatory interview environment using neutral and information-gathering type questions. We hypothesized that persons exposed to the negative information (the expectancy) would demonstrate behaviour consistent with increased cognitive load, and we found evidence to support this prediction. Due to the investigative nature of the information gathering questions, we also expected that Targets exposed to the expectancy would exhibit more of these behaviours in the investigative portion of the interview. We found some behaviour to support this prediction (i.e., shorter responses and increased speech disturbances); however, indicators of performance altering load were not observed during this phase of the interview. These findings support the hypothesis that expectancy effects can noticeably alter interviewee behaviour.
... In the exchange above, the dominant factor is an expectancy effect that originates in the person answering the questions. Given the prevalence of expectancy effects within most human interactions, this topic has started to receive more attention within forensic contexts such as, criminal investigations (Hill, Memon, & McGeorge, 2008), decision-making in judicial professionals (Porter & Ten Brinke, 2009), and accusatory investigative interviews (Kassin, 2005;Kassin, Goldstein, & Savitsky, 2003). Within the framework of the investigative interview, expectancy effects are often studied as a by-product of confirmation bias held by police officers or other judicial players (Narchet, Meissner, & Russano, 2011;Powell, HughesScholes, & Sharman, 2012;Rassin, Eerland, & Kuijpers, 2010). ...
Preprint
Full-text available
Expectancy effects are known to influence behaviour so that what is expected appears to be true. In the present study, expectancy was induced using (fabricated) information about honesty and specific group membership. We tested Targets in a non-accusatory interview environment using neutral and information-gathering type questions. We hypothesized that persons exposed to the negative information (the expectancy) would demonstrate behaviour consistent with increased cognitive load, and we found evidence to support this prediction. Due to the investigative nature of the information gathering questions, we also expected that Targets exposed to the expectancy would exhibit more of these behaviours in the investigative portion of the interview. We found some behaviour to support this prediction (i.e., shorter responses and increased speech disturbances); however, indicators of performance altering load were not observed during this phase of the interview. These findings support the hypothesis that expectancy effects can noticeably alter interviewee behaviour.
... As mentioned before, this result may have arisen because lies about intentions are generally easier to detect. Yet it may also be taken as support for Porter and ten Brinke's (2009) dangerous decisions theory which posits that accurate assessment of credibility may not be a matter of common sense or intuition and that lie detectors should be alert and think critically about biases such as subjective trustworthiness schemas (e.g., subjective cues to deception) when making assessments. It is possible that answering indirect questions in Experiment 2 prompted closer scrutiny of behaviour and a more critical approach to the subsequent direct question. ...
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Purpose Two studies were conducted to assess of the accuracy of an indirect method used to detect lies about past behaviour and intentions. Methods In Experiment 1, participants (N = 123) assessed the veracity (direct condition) or cognitive effort (indirect condition) of interviewees who had planned or taken part in mock academic misconduct and then lied or told the truth about their intentions or past activities. In Experiment 2, 33 participants assessed the veracity of interviews on true and false intentions answering a direct question and three indirect questions. Results As predicted, the indirect method was equally effective in detecting lies about past activities and intentions. The accuracy of this method was not reduced by asking direct and indirect questions together. Conclusions The experiments provided further evidence that the indirect method of detecting deception is accurate and can also be used to detect lies about intent.
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Este artículo científico tiene como objetivo analizar la imaginación en las víctimas del conflicto armado, por medio de la narración de las experiencias de reparación simbólica, para comprender el papel de la memoria social en la resignificación del daño y el dolor. Es una investigación fenomenológica, centrada en recoger la experiencia vivida a través de entrevistas y cartografía mental. Los resultados permiten identificar un alto inconformismo ante la reparación simbólica, producto del profundo impacto de la guerra en la memoria, hecho que causa un deterioro en la imaginación y conduce a una crisis de representación.
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Este artículo científico tiene como objetivo analizar la imaginación en las víctimas delconflicto armado, por medio de la narración de las experiencias de reparación simbólica,para comprender el papel de la memoria social en la resignificación del daño y eldolor. Es una investigación fenomenológica, centrada en recoger la experiencia vividaa través de entrevistas y cartografía mental. Los resultados permiten identificar unalto inconformismo ante la reparación simbólica, producto del profundo impacto dela guerra en la memoria, hecho que causa un deterioro en la imaginación y conducea una crisis de representación.
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On Airbnb, profile photos play a crucial role in decision-making. This paper examines how hosts’ profile photos—specifically, gender, facial expression and the presence of sunglasses—affect guests’ intentions to trust and book. An experiment was conducted to seek both close- and open-ended responses (N=524), the former analyzed statistically and the latter thematically. According to the quantitative results, female hosts were preferred to males. Positive facial expressions outperformed neutral ones. A significant interaction effect emerged such that the positive effect of a positive facial expression was stronger when sunglasses were present (vs. absent). Moreover, a mediated moderation was identified: The interaction between facial expression and the use of sunglasses on intention to book was mediated by intention to trust. Themes from the qualitative analysis complement and extend the quantitative results. Overall, the paper adds to the literature on online profile photos in the context of peer-to-peer tourism and hospitality platforms.
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Forensic anthropology has traditionally relied on two-dimensional (2D) images, such as photographs and sketches, to perform analyses, and disseminate findings. However, as 3D imaging technology advances, it has become more widely implemented into forensic anthropology analysis and practice. Teaching and learning in forensic anthropology still often relies on 2D images, but increasingly three-dimensional (3D) models are available to be used by students training in anatomy and osteology. Additionally, 3D models have been found to be beneficial to comprehension in other contexts within forensic anthropology, such as in the courtroom. The use of these models in the teaching of forensic anthropology is not yet widely implemented and more importantly, the impact on learning is not yet understood. The use of 3D imaging and visualisation in other educational contexts has seen positive results, for example in medical training. To explore this further, a study was conducted using an online activity to compare the comprehension scores of students educated using 2D textbook style images or 3D models on Sketchfab. The results showed that the use of 3D images was not detrimental to comprehension. Students using the 3D models were more consistent in their performance and reported an increase in confidence regardless of prior experience. The results of this study are of particular importance when distance learning due to the COVID-19 pandemic means that students cannot always learn in a laboratory environment.
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Behaviors such as gaze aversion and repetitive movements are commonly believed to be signs of deception and low credibility; however, they may also be characteristic of individuals with developmental or mental health conditions. We examined the effect of five behaviors that are common among autistic individuals—gaze aversion, repetitive movements, misinterpretation of figurative language, monologues, and flat affect—on observers' evaluations of deception and credibility. This study focused on judgments made in everyday social situations which contrasts with most previous studies which have examined such judgments in contexts (e.g., legal proceedings) where they are of primary importance. In three experiments, we presented participants with video segments of individuals being interviewed about biographical information and participants then indicated their perception of the individuals' truthfulness and credibility. Overall, individuals were perceived as more deceptive and less credible when they displayed autistic behaviors than when they did not; however, the effect sizes detected were weak. This article is protected by copyright. All rights reserved.
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Purpose The purpose of this study was to investigate the influence of sexual objectification on the attribution processes of the guilt of a defendant – and also on the level of guilt. It was also hypothesized that legal expertise could be a protective factor in countering the influence of sexual objectification. Design/methodology/approach Sexual objectification can be defined as the perspective in which a person is evaluated solely in terms of his or her body parts or sexual function. As yet, no studies have assessed the influence of sexual objectification on guilt assessment in the legal system; this paper aims to explore whether sexual objectification has an influence on the attribution processes of a defendant's guilt. Findings The statistical analysis revealed that the sexually objectified defendant received a guilty verdict more often than a non-sexually objectified defendant; additionally, legal experts were more likely to identify the defendant as not guilty than non-legal experts. The findings support the hypothesis that sexual objectification is indeed one of the common stereotypes that lead to discrimination. Originality/value The present study provides novel findings regarding sexual objectification in the forensic context in which the defendant is viewed and evaluated.
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Little research exists on how partners of sex offenders are perceived. Using attachment theory, we hypothesised that one's attachment would generalise to perceptions of sexual offenders and their partners. One hundred and six British adults’ attachment styles were assessed, as well as perceptions of sex offenders and their partners. Generally, perceivers’ attachment avoidance was associated with positive perceptions of both partners and offenders, while attachment anxiety was associated with negative perceptions of partners but positive perceptions of sex offenders. Perceptions of sex offenders and their partners were highly correlated and negative in nature, and sex offenders were more negatively perceived.
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Past research has shown that counterfactual (“If…then…”) thoughts influence causal and responsibility attribution in the judicial context. However, little is known on whether and how the use of counterfactuals in communication affects lay jurors’ and judges’ evaluations. In two studies, we asked mock lay jurors (Study 1) and actual judges (Study 2) to read a medical malpractice case followed by an expert witness report which included counterfactuals focused on either the physician, the patient, or external factors. Results showed that counterfactual focus had a strong direct effect on both lay jurors’ and judges’ causal and responsibility attributions. Counterfactual focus also moderated the effect of outcome foreseeability on responsibility attribution. Discussion focuses on how counterfactual communication can direct causal and responsibility attribution and reduce the importance of other factors known to influence judicial decision‐making. The potential implications of these findings in training programs and debiasing interventions are also discussed. This article is protected by copyright. All rights reserved.
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Para los profesionales de la seguridad y la justicia (policías, abogados, jueces), los miles de artículos revisados por pares sobre comunicación no verbal representan fuentes importantes de conocimiento. Sin embargo, a pesar del alcance del trabajo científico realizado sobre este tema, los profesionales pueden recurrir a programas, métodos y enfoques que no reflejan el estado real de la ciencia. El objetivo de este artículo es examinar (i) los conceptos de comunicación no verbal transmitidos por estos programas, métodos y enfoques, pero también (ii) las consecuencias de su uso (por ejemplo, sobre la vida o la libertad de las personas). Para lograr estos objetivos, describimos el alcance de la investigación científica sobre la comunicación no verbal. Se examina un programa (SPOT: Evaluación de pasajeros mediante técnicas de observación), un método (BAI: Entrevista de análisis de conducta) y un enfoque (sinergología) que contradicen el estado de la ciencia. Finalmente, presentamos cinco hipótesis para explicar por qué algunas organizaciones en los campos de la seguridad y la justicia están recurriendo a la pseudociencia y a las técnicas pseudocientíficas. Concluimos el artículo invitando a estas organizaciones a trabajar con la comunidad académica internacional especializada en la investigación sobre comunicación no verbal y detección de mentiras (y verdad) para implementar prácticas basadas en la evidencia.
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Scholars have long debated the function of free will beliefs—whether free will beliefs exist ‎primarily to stimulate prosociality, enforce societal rules, or to help individuals pursue their ‎own goals. There are findings consistent with each of these views, as researchers have found ‎that the more people endorse free will beliefs, the more likely they are to be prosocial (e.g., ‎altruism), adhere to social norms (e.g., less cheating and stealing), and pursue self-serving ‎goals (e.g., job performance). We conducted a registered report meta-analysis evaluating ‎empirical evidence of the finding supporting the three theoretical perspectives. A meta-‎analysis of XX correlational articles (k = XX studies) identified effect sizes between the ‎belief in free will and prosociality (ρ = x.xx [x.xx, x.xx]), norm adherence (ρ = x.xx [x.xx, ‎x.xx]) and personal outcomes (ρ = x.xx [x.xx, x.xx]). We applied equivalence testing to ‎compare the three effects, and found support for [difference/no-difference] between [one of ‎the three/two of the three/all three] associations. Publication bias analysis indicated that ‎‎ . We also tested several theoretical and empirical moderators and found ‎that <strengthened/weakened> the relationship between belief in free ‎will and . The findings highlight .‎
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Psychopathy, the dark triad and related personality disorders may have negative consequences within organisations, individuals and society. There may, however, be positive benefits in terms of creativity and reaction to stressful circumstances and extreme environments. The developing body of research is beginning to address some elements of the paradoxes related to psychopathy. In this chapter, the focus is on both concluding the key themes emerging in the field and moreover, providing guidance for addressing and minimising the exposure to organisational, societal and individual threats that can easily become toxic to those caught in the psychopathic “tangled web”.
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This chapter will explore the tendency of psychopathic individuals to deceive others, exploit vulnerability and target victims in pursuit of self-gain, examining the implications of this behaviour in the workplace. The evidence relating to the varied mechanisms that provide psychopaths with the ammunition to coerce, abuse and deceive is presented, based on both empirical studies and case reports.
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Every day, people make quick, spontaneous and automatic appearance-based inferences of others. This is particularly true for social attributes, such as intelligence or attractiveness, but also aggression and criminality. There are also indications that certain personality traits, such as the dark traits (i.e. Machiavellianism, narcissism, psychopathy, sadism), influence the degree of accuracy of appearance-based inferences, even though not all authors agree to this. Therefore, this study aims to investigate whether there are interpersonal advantages related to the dark traits when assessing someone's criminality. For that purpose, an on-line study was conducted on a convenience sample of 676 adult females, whose task was to assess whether a certain person was a criminal or not based on their photograph. The results have shown that narcissism and Machiavellianism were associated with a greater tendency of indicating that someone is a criminal, reflecting an underlying negative bias that the individuals high on these traits hold about people in general.
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The Expression of Emotion collects cutting-edge essays on emotional expression written by leading philosophers, psychologists, and legal theorists. It highlights areas of interdisciplinary research interest, including facial expression, expressive action, and the role of both normativity and context in emotion perception. Whilst philosophical discussion of emotional expression has addressed the nature of expression and its relation to action theory, psychological work on the topic has focused on the specific mechanisms underpinning different facial expressions and their recognition. Further, work in both legal and political theory has had much to say about the normative role of emotional expressions, but would benefit from greater engagement with both psychological and philosophical research. In combining philosophical, psychological, and legal work on emotional expression, the present volume brings these distinct approaches into a productive conversation.
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Purpose The first of two experiments investigated the effect that speaking in a non‐native language has on interviewees’ perceptions of their interview experience. A second experiment investigated evaluators’ perceptions of the credibility of interviewees who spoke in their native or non‐native language. Method For the first experiment, 52 participants told the truth or lied about their identity during a mock border control interview. All of the participants were interviewed in English, for half of the sample this was their native language, and for the other half of the sample English was not their native tongue. Post‐interview, all participants completed a self‐report questionnaire relating to their perceptions of their interview experience. For the second experiment, 128 participants evaluated the credibility of interviewees from the first experiment. The modality of presentation of interview clips was varied and included ‘Visual and Audio’, ‘Visual Only’, ‘Audio Only’, and ‘Transcript Only’. Results Non‐native speakers were more likely than native speakers to report being nervous and cognitively challenged during their interviews and were more likely to monitor their own behaviour. Overall, evaluators were better able to distinguish between truth tellers and liars who were speaking in their native language than between truth tellers and liars who were non‐native speakers. Relative to native speakers, there was a smaller truth bias for evaluations of non‐native speakers. When evaluators were considering the non‐native speakers, they achieved higher discrimination accuracy when they were exposed to ‘Visual Only’ or ‘Transcript Only’ presentations than when they were shown the ‘Visual and Audio’ or ‘Audio Only’ interview clips. Conclusions Self‐reported experiences of a mock border control interview differed dependent on whether interviewees were speaking in their native or non‐native language. Discrimination accuracy was better for native speakers than it was for non‐native speakers and was at its worst when evaluators heard the accents of the non‐native speakers.
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Denault, V. & Jupe, L. (2018). Detecting deceit during trials: Limits in the implementation of lie detection research - A comment on Snook, McCardle, Fahmy and House. Canadian Criminal Law Review, 28(1), 97-106.
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Denault, V. & Dunbar, N. (2017). Nonverbal communication in courtrooms: Scientific assessments or modern trials by ordeal? The Advocates’ Quarterly, 47(3), 280-308.
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Research on eyewitness testimony has primarily focused on memory errors. In this chapter, the focus is not on eye-witness errors but on the application of Johnson and Raye's (1981) reality monitoring (RM) model to detection of deception. The central question is whether or not it is possible to discriminate truthful from deceptive statements on the basis of content aspects outlined by the RM theory. This approach is akin to Statement Validity Analysis, in particular the Criteria-Based Content Analysis (CBCA) component, which also has focused on qualitative differences between truthful and deceptive accounts (for reviews, see Ruby and Brigham, 1997; Sporer, 1983, 1997a, 1997b; Steller and Köhnken, 1989; Vrij, 2000, in press).
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Reviews the book, Detecting Lies and Deceit: The Psychology of Lying and the Implications for Professional Practice by Aldert Vrij (2000). It is a clearly written and well organized review of the scientific literature on detecting deception. In the introductory chapter, author discusses the social psychology of lying. The book is then divided into three main sections: on non-verbal behavior, on speech and on the professional detection of deception. I have two main reservations about this book. Dividing it into discrete sections on non-verbal behavior and speech embodies a dated dichotomy, which contemporary researchers on interpersonal communication have become increasingly eager to jettison. My second reservation is that the focus on deception is rather narrow. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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Tested the hypothesis that 41 undergraduates' interpretations of ambiguous evidence would depend on how (i.e., by whom) the evidence is introduced. Ss watched the interrogation of a murder suspect and completed the Need for Cognition Scale. Ss read arguments and counter-arguments regarding the suspect's interrogation performance before and after viewing the interrogation. Ss high in the need for cognition (NC) were influenced more by arguments that preceded the evidence, whereas low-NC Ss were more influenced by arguments that followed the evidence. (PsycINFO Database Record (c) 2014 APA, all rights reserved)
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This article reports two worldwide studies of stereotypes about liars. These studies are carried out in 75 dif ferent countries and 43 different languages. In Study 1, participants respond to the open-ended question “How can you tell when people are lying?” In Study 2, participants complete a questionnaire about lying. These two studies reveal a dominant pan-cultural stereotype: that liars avert gaze. The authors identify other common beliefs and offer a social control interpretation.
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In Principles of Police Interrogation, Van Meter (1973) described the qualities of a good interrogator, which included such constructs as integrity, self-respect, and professional attitude. In addition, Van Meter suggested that individual prejudices should be left outside of the interrogation room, as a good interrogator must be impartial. He further elaborated: I have told you to keep the purpose of the interrogation in mind, and to strive for the confession from your suspect. But you must remember that the person that you are talking to might not be guilty.... Maintain an impartial attitude throughout the interrogation, and you will not be put in the position of having to make excuses. After all, the courts try the person; you are only an investigator for the court, not the person who has to make the decision of guilt or innocence. By remaining impartial, you can also keep yourself on the sidelines, so to speak, and be in a better position to analyze the suspect’s reactions, your words and actions, and the facts in the case. You cannot think straight if you prejudge the person or if you become so personally involved in the case that you develop likes and dislikes. I have seen interrogators personally involved with a suspect, and they usually become very sensitive to the suspect and all that he says. This personal sensitivity often leads to harsh words and useless conversations with the suspect. (pp. 32–33)
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This article reports three studies of international deception. Americans, Jordanians, and Indians were videotaped while lying and telling the truth, and the resulting tapes were judged for deception by other Americans, Jordanians, and Indians. Results show that lies can be detected across cultures. They can be detected across cultures that share a language and cultures that do not, by illiterates as well as university students. Contrary to a hypothesis of ethnocentrism, perceivers show no general tendency to judge persons from other countries as deceptive; in fact, they often judge foreigners to be more truthful than compatriots. There is, however, some evidence for a language-based ethnocentrism when perceivers are judging the deceptiveness of a series of people from the same multilingual culture. Ancillary results reveal that people from diverse backgrounds reach consensus in deception judgments and that motivation can impair a liar’s ability to achieve communication goals.
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In this paper we examined beliefs about deception held by legal professionals. Three groups of presumed expert lie-catchers were investigated: police officers (n=104), prosecutors (n=158), and judges (n=251). The experts' beliefs about deception were remarkably inconsistent with the general pattern resulting from studies mapping actual cues to deception. For example, a majority of police officers believed there is a strong relationship between (a) deceptive behaviour and gaze aversion and (b) deceptive behaviour and an increase in body movements. The scientific literature does not support this view. Furthermore, all three professional groups believed that truthful consecutive statements are more consistent than deceptive, and that it is easier to detect deception in interactive than non-interactive contexts. Research on deception shows the opposite. For five of the seven investigated items we found significant between-group differences. Both the genesis and the implications of these differences are discussed. Judging from self-ratings, the presumed experts admitted knowing close to nothing about scientific research on deception.
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Investigates the Story Model, N. Pennington and R. Hastie's (1986, 1988) explanation-based theory of decision making for juror decisions. In Exp 1, varying the ease with which stories could be constructed affected verdict judgments and the impact of credibility evidence. Memory for evidence in all conditions was equivalent, implying that the story structure was a mediator of decisions and of the impact of credibility evidence. In Exps 2 and 3, Ss evaluated the evidence in 3 ways. When Ss made a global judgment at the end of the case, their judgment processes followed the prescriptions of the Story Model, not of Bayesian or linear updating models. When Ss made item-by-item judgments after each evidence block, linear anchor and adjust models described their judgments. In conditions in which story construction strategies were more likely to be used, story completeness had greater effects on decisions. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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In order to further research into the influence of facial stereotypes on juridic judgments, we investigated the influence of face/offence congruency on such judgments, taking into account the strength of the case against the defendant and the maturity and attractiveness attributes of the defendant's face. Each participant (N = 169) read a fictitious case file that: (1) established the defendant's guilt with either a high degree of ambiguity or with a low degree of ambiguity; (2) included a photo of the defendant that was congruent with the offence or not congruent with the offence. Participants were asked to evaluate the defendant's guilt (in a dichotomous manner and on a continuous scale), to state their degree of confidence in their decision, to recommend a sentence, and to rate the attractiveness and maturity of the defendant's face. The results show that participants' judgments were affected by face/offence congruency and that this influence was not dependent on the ambiguity of the case or on the maturity or attractiveness of the face. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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Although trustworthiness judgments based on a stranger's face occur rapidly (Willis & Todorov, 2006), their accuracy is unknown. We examined the accuracy of trustworthiness judgments of the faces of 2 groups differing in trustworthiness (Nobel Peace Prize recipients/humanitarians vs. America's Most Wanted criminals). Participants viewed 34 faces each for 100 ms or 30 s and rated their trustworthiness. Subsequently, participants were informed about the nature of the 2 groups and estimated group membership for each face. Judgments formed with extremely brief exposure were similar in accuracy and confidence to those formed after a long exposure. However, initial judgments of untrustworthy (criminals') faces were less accurate (M=48.8%) than were those of trustworthy faces (M=62.7%). Judgment accuracy was above chance for trustworthy targets only at Time 1 and slightly above chance for both target types at Time 2. Participants relied on perceived kindness and aggressiveness to inform their rapidly formed intuitive decisions. Thus, intuition plays a minor facilitative role in reading faces. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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Purpose. The present survey examined the beliefs of different occupational groups (police officers, social workers, teachers) and members of the general public about (i) cues to deception in young children (5- to 6-year-olds), adolescents (14- to 15-year-olds) and adults, and (ii) the underlying processes (emotions, cognitive load and attempted verbal and behavioural control), which may explain why cues to deceit do occur.Method. Two hundred and six participants completed a ‘cues to deception’ and ‘processes underlying deception’ questionnaire for three different age groups (young children, adolescents and adults).Results and discussion. The survey revealed that participants believed that liars are nervous, have difficulties in formulating their lies and do not fully endorse their lies. In general, participants associated more cues with deception than seems justified on the basis of deception literature. Participants generally associated the same cues to deceit for all three age groups but, when differences between age groups did emerge, this was most likely to be amongst teachers. Although participants believed that adults control their speech and behaviour more when they lie than adolescents and young children do, this did not result in participants believing that adults exhibit fewer cues to deceit. No major occupational differences emerged, although out of the four participating groups, teachers were most likely to associate cues with deception in young children.
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An experiment was conducted where experienced criminal investigators (N = 49) evaluated the testimony of a witness who either confirmed or disconfirmed the focal hypothesis in a homicide case. Participants' motivation to perpetuate the hypothesis was manipulated by varying the need for cognitive closure via time pressure. The hypothesis-inconsistent witness was perceived as less reliable and credible, although its background and witnessing conditions were identical to those of the hypothesis-consistent witness. While this asymmetrical skepticism was not moderated by time pressure, participants under high (vs. low) time pressure were less inclined to adjust their confidence in the hypothesis in line with the witness testimony. Discussion focuses on implications for criminal investigations and theoretical contributions to investigative psychology.
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We examined the hypothesis that reliable verbal indicators of deception exist in the interrogation context. Participants were recruited for a study addressing security effectiveness and either committed a theft to test the effectiveness of a new security guard or carried out a similar but innocuous task. They then provided either (1) a truthful alibi, (2) a partially deceptive account, (3) a completely false alibi, or (4) a truthful confession regarding the theft to an interrogator hired for the purpose of investigating thefts with a monetary incentive for convincing the interrogator of their truthfulness. Results indicated that only 3 out of the 18 (16.7%) clues tested significantly differentiated the truthful and deceptive accounts. All 3 clues were derived from the Statement Validity Analysis (SVA) technique (amount of detail reported, coherence, and admissions of lack of memory). Implications for credibility assessment in forensic interrogations are discussed.
Chapter
People are generally poor at detecting deceit when observing someone’s behaviour or listening to their speech. In this chapter I will discuss the major factors (pitfalls) that lead to failures in catching liars: the sixteen reasons I will present are clustered into three categories: (i) a lack of motivation to detect lies; (ii) difficulties associated with lie detection; and (iii) common errors made by lie detectors. Discussing pitfalls provides insight into how lie detectors can improve their performance (for example, by recognising common biases and avoiding common judgment errors). The second section of this chapter discusses 11 ways (opportunities) to improve lie detection skills. Within this section, I first provide five recommendations for avoiding common errors in detecting lies. Next, I discuss recent lie detection research that introduces novel interview styles aimed at eliciting and enhancing verbal and nonverbal differences between liars and truth tellers. The recommendations are relevant in various settings, from the individual level (e.g., “Is my partner really working late?”) to the societal level (e.g., “Can we trust this suspect when he claims that he is not the serial rapist the police are searching for?”).
Article
Mental health professionals and paraprofessionals assessing Native offenders, prison inmates and accused, find them passive, difficult to assess, and not forthcoming. The behavior which reflects the influence of Native culture is misinterpreted frequently by clinicians, unfamiliar with that culture, as evidence of psychopathology, deviousness, dishonesty, and deliberate attempts to misinform the assessor. In fact, the Native person is behaving according to a complicated set of rules and expectations of his own culture, which make him present in such a fashion that his behavior is misinterpreted as dishonest. Some social and cultural aspects of the Native community and its roles, rules, and expectations are presented to better understand the Native offender and his behavior in an assessment situation. Failure to recognize and understand cultural influences can lead to errors in perception, diagnoses, and treatment.
Article
The success of a criminal investigation often depends on witness statements, particularly if no other evidence is available. This is typically – although not exclusively – the case in sexual-abuse cases. The fundamental question to be answered in evaluating a witness statement is whether or not (and to what extent) the statement is a correct and complete description of the event in question. Answering this question first requires the identification of potential sources of incorrect accounts. Based on this information appropriate diagnostic procedures and techniques can be applied in order to assess the probability of the correctness of the statement. An account may differ from the facts for two possible reasons (see Figure 3.1): A witness, who is motivated to give a correct account of the events in question may be subject to unintentional errors, or The witness deliberately and intentionally tells a lie. The crucial difference between these alternatives is in the witnesses' motivation. Furthermore, in both cases one can think of stable personal or of transient situational factors as the major cause for incorrect accounts. For example, sensory or intellectual deficiencies may prevent a witness from perceiving or reporting certain events. On the other hand, darkness or lack of attention may result in incomplete perceptions in a certain situation. Similarly, intentional distortions or complete lies can be conceived as being caused by stable personality factors like antisociality (which affect what has been called ‘general credibility of the witness’) or by a situation-specific motivation to tell a lie (which impacts on the ‘specific credibility of the statement’).
Chapter
Although Mueller, Thompson, and Vogel (1988) concluded that at present we do not have sufficient findings with which to answer the question of whether criminal stereotyping might affect witness identifications, there is some evidence that people do at least possess such stereotypes.
Article
This study inquires whether positive and negative facial stereotypes of criminal deviants exist and, if so, whether they are related to judgments of guilt or innocence in evidence-ambiguous situations. Photographs of middle-aged white males were used as stimuli and college undergraduates as subjects. Findings indicate that: (1) both positive and negative facial stereotypes of four types of crime exist and are crime specific; (2) negative and positive facial stereotypes are correlated with judgments of guilt or innocence for every crime considered, with negative stereotypes being more important for assessing guilt than positive stereotypes for assessing innocence with every offense except homosexuality, where the situation is reversed; and (3) males apparently use facial stereotypes in assessing guilt or innocence more than do females for every type of crime considered.
Article
Several years ago Coleman (1981) reported that in 1979 one of the many international cosmetics companies had an annual sales figure of $2.38 billion, nearly 1.25 million sales representatives, and over 700 products, the majority of these being for the face. Cash and Cash (1982) noted that in 1979 U.S. consumers spent over $4 million on cosmetic products. They stated that, “Although this practice would seem to be a fascinating aspect of human behavior on the basis of its generality and resilience, social-behavioral scientists have largely ignored the phenomenon so plainly (or pleasingly) in front of their eyes.”
Article
When people hear that I'm writing an article about deception, they're quick to tell me how to catch a liar. Liars always look to the left, several friends say; liars always cover their mouths, says a man sitting next to me on a plane. Beliefs about how lying looks are plentiful and often contradictory: depending on whom you choose to believe, liars can be detected because they fidget a lot, hold very still, cross their legs, cross their arms, look up, look down, make eye contact or fail to make eye contact. Freud thought anyone could spot deception by paying close enough attention, since the liar, he wrote, "chatters with his finger-tips; betrayal oozes out of him at every pore." Nietzsche wrote that "the mouth may lie, but the face it makes nonetheless tells the truth." This idea is still with us, the notion that liars are easy to spot. Just last month, Charles Bond, a psychologist at Texas Christian University, reported that among 2,520 adults surveyed in 63 countries, more than 70 percent believe that liars tend to avert their gazes. The majority also believe that liars squirm, stutter, touch or scratch themselves or tell longer stories than usual. The liar stereotype exists in just about every culture, Bond wrote, and its persistence "would be less puzzling if we had more reason to imagine that it was true." What is true, instead, is that there are as many ways to lie as there are liars; there's no such thing as a dead giveaway. Most people think they're good at spotting liars, but studies show otherwise. A very small minority of people, probably fewer than 5 percent, seem to have some innate ability to sniff out deception with accuracy. But in general, even professional lie-catchers, like judges and customs officials, perform, when tested, at a level not much better than chance. In other words, even the experts would have been right almost as often if they had just flipped a coin.
Chapter
Can you tell whether suspects are lying based on what they say, how they say it, how they sound when they say it, or how they look? Can you do so even without any special equipment, such as a polygraph to monitor physiological responses (Honts, this volume) or a camera to record interviews, which can then be studied in microscopic detail (O'Sullivan and Ekman, this volume)? These are the questions we will address in this chapter. Reading this chapter will not give anyone grounds for feeling smug about his or her deception detection prowess in forensic contexts (nor in any other contexts, for that matter). The study of verbal and non-verbal behavioural cues to deception is an inexact science, and probably always will be. We will offer hints, based on the current state of the science, about the kinds of behaviours that are more or less likely to intimate that a suspect may be lying. Our suggestions may be of some value in cases in which more definitive evidence, such as DNA, is not available or has not yet been uncovered. We hope our review will also prove useful in demonstrating why sweeping statements about perfect cues to deception are deserving of deep scepticism. There are two fundamental questions in the study of verbal and nonverbal cues to deception. First, are there any such cues? That is, are there any behaviours that indicate whether a person may be lying?
Article
Structural qualities of honest-looking faces, developmental relationships between perceived and real honesty, and actual honesty of honest-looking people were investigated. Babyfaceness, attractiveness, facial symmetry, and large eyes each had positive, independent effects on perceived honesty, revealing a babyface overgeneralization effect, an attractiveness halo effect, and the metaphorical associations "wide-eyed innocence" and "crooked character. " Consistent with a self-fulfilling prophecy, men who looked more honest early in life became more honest later, particularly when appearance was stable. Women showed an "artifice"effect: Those less honest early in life became more honest-looking later. Differential accuracy in perceiving honesty in men and women accompanied these developmental effects. Honesty was accurately read in men whose early appearance of honesty was stable. Honesty was incorrectly read in women whose early real honesty was stable. When these individual differences were ignored, real and perceived honesty were unrelated.
Article
Employing natural observations, female and male courtroom judges set the fines or bail amounts in misdemeanor and felony cases for 915 female and 1,320 male defendants. These persons varied widely in attractiveness and were unable to alter their appearance before presentation to their judges. Police officers, acting as confederates, rated the defendants' attractiveness levels. These levels were compared with bails and fines set by the judges. Defendant attractiveness levels were important only in bail and fine amounts for misdemeanor charges, not for felonies. Implications of the results for additional inquiry in ecologically justifiable litigation settings are presented.
Article
A field demonstration of belief perseverance was conducted using survey data from the Cleveland area. Voters' beliefs about Richard Nixon were assessed three times during the U.S. Senate's Watergate hearings: shortly before the hearings began, during the Memorial Day recess, and just after John Dean's testimony. As the hearings progressed, respondents who said they voted for Nixon in 1972 persevered in their positive beliefs about him, while respondents who said the) voted for McGovern in 1972 became more negative in their beliefs about Nixon. Belief perseverance among Nixon's supporters may' have reflected their biased search, appraisal, and recall strategies for processing information about Nixon and the Watergate affair.
Article
A person's face will always reveal his true feelings—if, like Paul Ekman, you are quick enough to recognize microexpressions
Article
Three experiments were conducted within the framework of correspondent inference theory. In each of the experiments the subjects were instructed to estimate the “true” attitude of a target person after having either read or listened to a speech by him expressing opinions on a controversial topic. Independent variables included position of speech (pro, anti, or equivocal), choice of position vs. assignment of position, and reference group of target person. The major hypothesis (which was confirmed with varying strength in all three experiments) was that choice would make a greater difference when there was a low prior probability of someone taking the position expressed in the speech. Other findings of interest were: (1) a tendency to attribute attitude in line with behavior, even in no-choice conditions; (2) increased inter-individual variability in conditions where low probability opinions were expressed in a constraining context; (3) that this variability was partly a function of the subjects' own attitudes on the issue; (4) that equivocation in no-choice conditions leads to the attribution that the equivocator opposes the assigned position. The main conclusion suggested is that perceivers do take account of prior probabilities and situational constraints when attributing private attitude, but perhaps do not weight these factors as heavily as would be expected by a rational analysis.
Book
One of the most fascinating sub-divisions within the rapidly growing field of psychology and law is the area of deception detection. Traditionally this area has been characterised by a number of approaches which have analysed different aspects of deception such as verbal content, non-verbal behaviour, and polygraph testing. The last few years' intensive research has resulted in an impressive corpus of new knowledge about issues such as cross-cultural deception, the detection of simulated amnesia and false confessions, lie-catching expertise and how best to train professionals in detecting deception. This book provides a state-of-the-art account of current research and practice, written by an international team of experts and will be a valuable resource for academics, students, practitioners and all professionals within the legal domain who need to tackle questions of credibility and reliability.
Article
Three studies tested the hypothesis that high levels of motivation facilitate accurate judgments when judgments are relatively easy but debilitate judgments when judgments are relatively difficult. Each study focused on a different judgmental heuristic, and each made use of different motivation and task difficulty manipulations. In all 3 studies, high levels of motivation increased judgmental accuracy in the case of easy judgments and decreased judgmental accuracy in the case of difficult judgments. Theoretical implications and ecological limitations of these findings are discussed. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Presents examples in which a decision, preference, or emotional reaction is controlled by factors that may appear irrelevant to the choice made. The difficulty people have in maintaining a comprehensive view of consequences and their susceptibility to the vagaries of framing illustrate impediments to rational decision making. However, experimental surveys indicate that such departures from objectivity tend to follow regular patterns that can be described mathematically. The descriptive study of preferences also challenges the theory of rational choice, as it is often unclear whether the effects of decision weights, reference points, framing, and regret should be considered as errors or biases or whether they should be accepted as valid elements of human experience. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Discusses research on facial expressions of emotion and presents suggestions for recognizing and interpreting various expressions. Using many photographs of faces that reflect surprise, fear, disgust, anger, happiness, and sadness, methods of correctly identifying these basic emotions and of understanding when people try to mask or simulate them are outlined. Practice exercises are also included. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Book
Chapter 2 examines research on the effects of facial appearance of liking, dating, and marriage. . . . In Chapter 2 we begin to develop the notion (followed through subsequent chapters) that one important (indeed, probably the crucial) effect of facial appearance is concerned not simply with some kind of direct, instantaneous effect upon the perceiver, but with how it affects the dynamics of encounters. In Chapter 3 we examine research on the effects of facial appearance in persuasion, politics, employment, and advertising. Chapter 4 focuses on the role of facial appearance in the criminal justice system. We review studies of the extent to which the general public expects there to be a relationship between facial appearance and criminality. In Chapter 5 we examine research on the effects of facial appearance in the education system (the disciplining of children is covered in Chapter 6). We review work on the effects of children's facial appearance on teacher's expectations of them and on the assessment of their work. Chapter 6 reviews the literature concerning the effects of children's facial appearance on adults (save for that covered by Chapter 5). It also takes a developmental perspective by examining research on the effects of facial appearance on children of various ages. The first part of Chapter 7 is also concerned with children. This chapter overviews research on the social psychology of facial disfigurement. Chapter 8 examines this suggestion in greater depth, having as it main focus the extent to which psychology can help those disadvantaged by their facial appearance. Chapter 9 is entitled "Some Final Remarks." It begins by briefly mentioning studies of facial appearance that do not readily fit in with the organization of the previous chapters. We then discuss what is meant (so far as is known) by facial attractiveness and the extent to which people react similarly to faces. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Investigated the hypothesis that faces can serve as stimuli triggering consensual stereotypical responses in observers by studying the responses of 101 undergraduate students to certain faces. Facial photographs of White middle-aged men were arranged in 5 separate arrays, each containing equal numbers of portraits. Ss were first led to believe that each array contained only 1 portrait of each of the following occupations: mass murderer, armed robber, rapist, medical doctor, clergyman, and engineer. Following these instructions, Ss were asked to choose 1 picture for each of the 6 occupations. Chi-square analysis of their choices indicated that in all 5 arrays Ss' selections were significantly nonrandom. A small number of portraits were often selected as bad men, and a small number of other portraits were often selected as good men. In addition, not only were criminal and noncriminal face prototypes suggested by the data, but Ss' choices also tended to be occupation specific; however, this tendency was more evident when the choices were among the criminal rather than the noncriminal occupations. Results of the study are discussed in terms of the probability that stereotyping is a factor in jury decisions. (22 ref) (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
The authors of this critique of judicial decision-making contend that judges, lawyers and police believe so strongly in the narrative presented in criminal legal proceedings that they do not seek anchoring through evidence. Using the latest research from cognitive psychology, they explore the nature and purpose of anchoring as a means of firmly establishing and identifying the 'truth' and demonstrate that an alarming lack of stability and consistency exists in current systems. Such potential faults in the criminal justice system which (until recently) was popularly perceived as infallible are then explored in a range of areas: the relationship between investigation and proof, confessions, identification and wrongful conviction, reliability of witnesses, the authority of experts, effective defence, and the selection of evidence. Each chapter questions the anchoring potential and reliability of these areas, and often exposes pitfalls. By drawing extensively on actual cases, the authors are able to question the psychological basis of current systems of criminal justice. Set against a background of increasing concern over miscarriages of justice, the book will be of interest to both cognitive and forensic psychologists, and to anyone concerned with modern criminal justice systems. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Previous findings suggest that facial stereotypes of criminals mediate juridic judgements. However, the present study notes that these are open to an alternative explanation in terms of the physical attractiveness of the defendant. To clarify the issue, in this study the degree to which the defendant matched the criminal stereotype for a particular incident was manipulated while physical attractiveness was held constant. Findings support the contention that judgements of guilt and innocence are mediated by the extent to which the defendant resembles the criminal stereotype for a particular incident.
Article
Research on the detection of deception, via non-verbal cues, has shown that people's ability to successfully discriminate between truth and deception is only slightly better than chance level. One of the reasons for these disappointing findings possibly lies in people's inappropriate beliefs regarding ‘lying behaviour’. A 64-item questionnaire originally used in Germany, which targets participants' beliefs regarding truthful and deceptive behaviour, was used. The present study differed from previous research in three ways: (i) instead of a student population, police officers and lay people were sampled, (ii) both people's beliefs regarding others' deceptive behaviour and their beliefs regarding their own deceptive behaviour were examined, and (iii) both non-verbal cues to, and content characteristics of, deceptive statements were examined. Results were consistent with previous studies, which found significant differences between people's beliefs regarding deceptive behaviour and experimental observations of actual deceptive behaviour. Further, police officers held as many false beliefs as did lay people and finally, participants were more accurate in their beliefs regarding their own deceptive behaviour than they were in their beliefs regarding others' behaviour.
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The Canadian Criminal Code contains provisions for labelling certain convicted criminal offenders as Dangerous Offenders. Sentences of indefinite duration are usually imposed on these offenders in place of the fixed sentences that would normally be imposed. The present study examined one potential source of bias in the use of the Dangerous Offender provisions, the physical attractiveness of an offender. Two hundred and eighty-four adults were given information about a hypothetical offender, including a facial photograph and a conviction record. They responded to questions about the dangerousness of the offender, including questions drawn from the Dangerous Offender criteria. Subjects perceived physically unattractive sexual offenders as significantly more likely to fulfill the Dangerous Offender criteria than average-looking and attractive sexual offenders. In particular, unattractive sexual offenders were seen as significantly less likely to restrain their behavior in the future. In light of the fact that there is currently no evidence that physical attractiveness is a valid predictor of sexual offender recidivism, this finding provides grounds to question whether the Dangerous Offender provisions of the Canadian Criminal Code, as they now stand, can be administered impartially.
Article
Participants viewed one of six video-recorded versions of a rape victim's testimony, role-played by a professional actress in one of six versions: Two versions of the testimony, representing a strong and a less strong rape scenario, were given in a free-recall manner with one of three kinds of emotions displayed, termed congruent, neutral and incongruent emotional expressions. Credibility judgements were strongly influenced by the emotions displayed, but not by the content of the story. When video watching was compared to reading a transcript of the testimony, results indicated that perceived credibility was reduced when the witness displayed neutral or incongruent emotions. Story content and displayed emotion contributed equally to estimates of the probability of a guilty verdict. We conclude that perception of credibility is strongly influenced by social stereotypes regarding appropriate emotional expression. Copyright © 2002 John Wiley & Sons, Ltd.
Article
This study tested first whether 240 undergraduate students share high consensual agreement in their selection of faces and voices which fit criminal and non-criminal ‘occupations’ second, whether there are significant relationships between trait impressions and voice characteristics for persons selected as exemplars of criminals and non-criminals; and third, whether categorization of targets into ‘good guys’ and ‘bad guys’ influences recognition memory. Subjects' selections of exemplars of criminals and non-criminals from video recordings of the face and voice, or face-only, or voice-only of 15 white men were done with high confidence in a significantly non-random manner. Significant correlations were found between trait impressions and vocal characteristics in all three presentation modes which differentiated good guys from bad guys. Recognition memory for target voices was significantly inferior to the recognition of face and voice targets, and face-only targets. Recognition confidence scores were significantly higher for good guys over bad guys, especially in the voice-only condition. The results were discussed in terms of the probability that stereotyping of faces and voices can influence decision-making in the legal process.
Article
In the first part of this article, I briefly review research findings that show that professional lie catchers, such as police officers, are generally rather poor at distinguishing between truths and lies. I believe that there are many reasons contributing towards this poor ability, and give an overview of these reasons in the second part of this article. I also believe that professionals could become better lie detectors and explain how in the final part of this article.